1 2025:CGHC:44788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 608 of 2019 1 - National Insurance Company Ltd. Through Divisional Manager, Akashganga Supela Bhilai, Tehsil And District Durg Chhattisgarh. (Insurance Co.) ... Appellant (s) versus 1 - Mithlesh Deshmukh S/o Sri Feruram Deshmukh Aged About 46 Years R/o Village - Dandesara, Post - Nawagaon Purda, Tehsil And District Durg Chhattisgarh. (Claimant) 2 - Rupesh Kumar S/o Domendra Das Aged About 35 Years R/o Santarabadi Durg, Thana - Mohan Nagar Tehsil And District Durg Chhattisgarh. (Driver), 3 - Nitesh Kumar Dahate S/o Bhola Shankar Dahate Aged About 21 Years R/o Ambedkar Nagar, Urla, Tehsil And District Durg Chhattisgarh. (Owner) ... Respondent(s) For Appellant (s) : Shri Sanjay Patel, Advocate For Respondent(s) : None ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 02/09/2025 1. The insurance company of the offending vehicle (TVS Jupiter) bearing registration No.CG 07/AW-4793 has filed this appeal under Section 173 of the 2 Motor Vehicles Act (for short ‘MV Act’) challenging the award dated 10/12/2018 passed in claim case No.308/2015 by the 1st Additional Tribunal of 1st Additional Motor Accident Claims Tribunal, Durg, CG. By the impugned award, compensation of Rs.1,20,047/- was awarded in favour of respondent No.1 / claimant on account of injuries sustained by him in an accident that occurred on 26/10/2015 by rash and negligent driving of the offending vehicle by respondent No.2, owned by respondent No.3 and insured with the appellant. 2. This appeal has been filed by the appellant on the ground that the driver of the offending vehicle was not holding valid and effective driving license and no such driving license was produced even he was examined before the Tribunal. The issue no.4 was formulated by the learned Tribunal in respect to violation of policy and while deciding the issue no.4, it is stated that no document or evidence was brought on record by the insurance company to substantiate defence. Once the insurance company had taken a plea that the driver of the offending vehicle was not holding valid and effective driving license, it was incumbent upon it to prove it by cogent and prudent evidence including examination of the witnesses and exhibiting the policies etc. In this case, the insurance company utterly failed to do so. Therefore, the finding of the learned Tribunal does not require any interference as it is based upon proper appreciation of evidence. 3. The appeal fails and is dismissed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 10:45:31 +0530